2113.61
Application for certificate of transfer of real property.

(1)
When real property passes by the laws of
intestate succession or under a will, the administrator or executor shall file
in probate court, at any time after the filing of an inventory that includes
the real property but prior to the filing of the administrator's or executor's
final account, an application requesting the court to issue a certificate of
transfer as to the real property. Real property sold by an executor or
administrator or land registered under Chapters 5309. and 5310. of the Revised
Code is excepted from the application requirement. Cases in which an order has
been made under section
2113.03 of the Revised Code
relieving an estate from administration and in which the order directing
transfer of real property to the person entitled to it may be substituted for
the certificate of transfer also are excepted from the application
requirement.

(2)
In accordance
with division (C)(3)(b) of section
2113.031 of the Revised Code, an
application for a certificate of transfer of an interest in real property
included in the assets of the decedent's estate shall accompany an application
for a summary release from administration under that section. This section
applies to the application for and the issuance of the requested certificate of
transfer except to the extent that the probate court determines that the nature
of any of the provisions of this section is inconsistent with the nature of a
grant of a summary release from administration.

(B)
Subject to division (A)(2) of this section, the application for a certificate
of transfer shall contain all of the following:

(1)
The
name, place of domicile at death, and date of death of the
decedent;

(6)
A
statement that all the known debts of the decedent's estate have been paid or
secured to be paid, or that sufficient other assets are in hand to complete the
payment of those debts or a statement that the estate
is insolvent and the transfer is of the mansion house and is being made to
satisfy all or a portion of the spousal allowance for support;

(C)
Subject to division (A)(2) of this section, within five days following the
filing of an application for a certificate of transfer that complies with
division (B) of this section, the court shall issue a certificate of transfer
for record in each county in this state in which real property so passing is
situated, that shall recite all of the following:

(3)
The
case number of the probate court record of the
administration of the estate;

(4)
The
names and places of residence of the devisees, the interests passing to them,
the names and places of residence of the persons inheriting intestate, and the
interests inherited by them, in each parcel of real property
being transferred;

(6)
Other information that in the opinion of the court should be
included.

(D)
If an
executor or administrator has failed to file an application for a certificate
of transfer before being discharged, the application may be filed by an heir or
devisee, or a successor in interest, in the probate court in which the
testator's will was probated or, in the case of intestate estates, in the
probate court in which administration was had. If no administration was had on
an estate and if no administration is contemplated, except in the case of the
grant of or contemplated application for the grant of an order of a summary
release from administration under section
2113.031 of the Revised Code, an
application for a certificate of transfer may be filed by an heir or devisee,
or a successor in interest, in the probate court of the county in which the
decedent was a resident at the time of death or in
which the real property of the decedent is located.

(E)
A foreign executor or administrator,
if no
ancillary administration proceedings have been had or are being had in this
state, may file in accordance with this section an application for a
certificate of transfer in the probate court of any county of this state in
which real property of the decedent is located.

(F)
When a person who has entered into a
written contract for the sale and conveyance of an interest in real property
dies before its completion, the interest of the decedent in the contract and
the record title to the real property described in the contract may be
transferred to the
devisees or heirs at law entitled to the
interest of the decedent in the real property, in the same manner as provided
in this section and section 2113.62 of the Revised Code for the transfer of real property. The
application for the certificate of transfer and the certificate itself also
shall recite that the real property described in the application or certificate
is subject to a written contract for its sale and conveyance.